1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. On July 2017, the Plaintiff requested the “D Licensed Real Estate Agent Office” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul to purchase apartment units.

The Defendant requested several brokerage offices, including the above brokerage office, to sell real estate listed in the attached Table (hereinafter “instant real estate”).

B. On July 18, 2017, the Plaintiff agreed that “price 755 million won, down payment 10%, and down payment 10 million won, August 9, 2017, the intermediate payment 100 million won, the remainder as of August 24, 2017, and the sales contract as after July 24, 2017,” with the Defendant and the Defendant regarding the instant real estate sale and purchase, and then remitted KRW 10 million to the Defendant.

C. While setting the date of preparation of a sales contract through E, the Defendant expressed his/her intent not to conclude the sales contract of the instant real estate to the Plaintiff on July 28, 2017.

On August 3, 2017, the Plaintiff remitted 65.5 million won to the Defendant as the remainder down payment, and on October 25, 2017, the Defendant deposited 75.5 million won as the principal deposit in the branch court of Suwon District Court.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry of Eul 1 to 3 evidence, part of Gap 10 evidence, witness E's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. On the premise that a sales contract with the Defendant for the instant real estate was established at the time when the Plaintiff paid KRW 10 million on July 18, 2017, the gist of the parties’ assertion is that the Plaintiff sought implementation of the procedure for the registration of ownership transfer with respect to the said real estate.

The defendant asserts that the above KRW 10 million is nothing more than the subscription deposit and that the contract for the sale of the real estate of this case was not concluded with the plaintiff, and that it did not claim it.

B. In order to establish the relevant legal doctrine, it is required that there exists a mutual agreement between the parties, and such mutual agreement should not be required concerning all matters constituting the content of the relevant contract.